Coleman Legal Group, LLC
Call 770-609-1247 now to speak with one of our experienced Georgia Legitimization Attorneys.
In Georgia, legitimization is a legal action filed in Superior Court that is the only way, other than by marrying the mother of a child, that the father of a child born in the State of Georgia may establish legal rights to his child. Only the father of a child may file a petition seeking to legitimate his child. Frequently, unmarried fathers seek to be legitimized when their attempts to spend time with their child is denied by the mother. Most court will require a “court admissible” DNA test to be provided to prove that the purported father of the child is without a doubt the real father. See O.C.G.A. § 19-7-22.
In a successful legitimization case, a father can expect regular visitation with his child and to also pay child support. There are very few defenses to a Petition for Legitimization. Defenses to a petition would include, but not be limited to:
- the purported father is not the actual father
- the child was born while the mother was in a marital relationship with another person
- the child was born while the parties (the actual father and mother) were married, and therefore inappropriate
However, a large number of legitimization cases are actually uncontested, with both parties agreeing that it is in their best interest to have their child legitimized. But if the child was born while the mother was married to another man, a consent to the legitimization may be needed from the former husband. If the former husband will not consent, then the case will have to be filed as a contested matter.
As seen here, the parties may argue about custody, visitation and child support, but the actual Petition for Legitimization will usually be granted so long as a DNA test proves the purported father is the actual father of the child.
A Georgia Court’s order of legitimization creates a father and child relationship legally between the petitioner and his child. An order of legitimization establishes that the child may inherit from his/her legal father or the father can inherit from their child.
An order of legitimization allows the legal father to be listed on the child’s birth certificate as the father. Many fathers incorrectly believe that merely being listed on the birth certificate as the father legitimates the child. The father must still file a petition with the Court to legitimate the child. A Court’s order for legitimization is the only way that the father of a child born out of wedlock can be recognized as the legal father of a child and therefore can petition for custody and/or visitation with this child.
Custody and child support should be addressed as a part of the legitimization action. It is important to note, if a child has been legitimated and the child’s mother dies, the father will not automatically be granted custody of the child.
A court action for legitimization must be filed in the county where the child resides. However, if there is an adoption pending regarding the child, the petition for legitimization should be filed in the county where the adoption was filed.
Georgia Areas We Serve
Our Georgia lawyers and attorneys handle cases in the following cities and communities: Atlanta, Alpharetta, Roswell, Duluth, Johns Creek, Milton, Cumming, Marietta, Woodstock, Kennesaw, Gainesville, Midtown Atlanta, Norcross, Lawrenceville, Kennesaw, Duluth, Buckhead, Dunwoody, Vinings, Smyrna, Buford, Inman Park, Old Fourth Ward, Decatur, Grant Park, East Atlanta and the Virginia Highlands.
Our Georgia lawyers and attorneys frequently handle cases for clients residing in the following counties: Fulton, Gwinnett, Forsyth, Cobb, DeKalb, Henry, Cherokee, Douglas, Carroll, Coweta, Paulding, Bartow, Hall, Barrow, Walton, Newton, Rockdale, Henry, Spalding, Fayette and Clayton.
Coleman Legal Group, LLC’s Georgia lawyers practice in the areas of Divorce, Family Law, Estates, Wills, Trusts, Probate, Bankruptcy, Business Law and Immigration. We have offices conveniently located at:
| Alpharetta Georgia North Point Park 5755 North Point Parkway Suite 51 Alpharetta, GA 30022 Phone: 770-609-1247 | Map |
Atlanta Georgia |
| Dunwoody Sandy Springs 1200 Abernathy Road Building 600 Northpark Town Center Atlanta, GA 30328 Phone: 770-609-1247 | Map |
Cumming Georgia |
| Johns Creek Duluth Georgia 11555 Medlock Bridge Rd Suite 100 Johns Creek, GA 30097 Phone: 770-609-1247 | Map |
Duluth Georgia |
| Kennesaw Georgia TownPark Center 125 TownPark Drive Suite 300 Kennesaw, GA 30144 Phone: 770-609-1247 | Map |
Lawrenceville |
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